Should an ex-roommate get her money back for the security deposit she paid for the apartment?

Question

Last yr, I plus four other girls rented an aptment. We each paid $625 for the $2500 security deposit. A couple mo's after we started living there, 1 girl decided to drop out of school &move back home. We weren't able to find a replacement since the semester already started &everyone had a place to live. Also, we thought it unfair of her to all of a sudden leave us to take care of her share of the rent, because she signed a contract that bound her for a full yr. B/c $$ was a huge reason why she decided to leave school, we agreed to let her pay only $150/mo. & we would take care of the rest. This raised what I paid to a little over $600/mo. and my other 2 roommates $500/mo. Finally, after a yr, she stopped paying b/c her lease was up. We found a new roommate for the next lease. HOWEVER, she asked me today (almost a yr. after she left) about getting her $625 for the deposit back since she's not living here anymore.

My understanding is that a deposit is made to ensure that one follows

Answer 1

A security deposit is not to ensure that all of the room mates hold up their end of the deal.  The security deposit is only to protect the landlord against damages to the place and to clean  the carpets and drapes when you leave.  It also provides some security in case you all skip out in the middle of the night without paying the last month's rent.  He doesn't care if only one of you is left as long as the rent is paid in full each month.

You needed to have a separate contract or agreement signed by all parties agreeing that if anyone breaks their end of the deal and moves out early then they forfeit their share of the deposit refund.  But this is totally separate from the lease that was signed with the landlord.  Incidentally, fyi the person whose name appears on the lease is the one holding the bag should everyone decide to bail out unless the landlord was smart and got everyone to sign it.

While you are upset that she took off on you here is something for you to consider.  The penalty for breaking a one year lease varies amongst landlords.  Take a look at your contract and see what it says. What is the penalty for breaking the lease?    Take that figure and divide it by 4.  That is what she really should be paying to leave.  As it is she has agreed to pay you about $1500 plus what she paid for the first couple of months rent.  This is not including her share of the deposit.  Now ask yourself, if the entire group for some reason folded and had to break the lease and vacate how much would each of you have to pay when all was said and done?  This is what she should be charged.  No more, no less.  You either charged her too much or she owes you more.  Use her deposit to offset the difference.  Good luck.